Export Controls
UC Resources
Openness of the University Research Environment
Many of the UC policies cited here are summarized in the University Contract and
Grant Manual, Chapter 1, Academic Policy. The Manual can also be accessed on the
UCOP website at: http://www.ucop.edu/raohome/cgmanual/chap01.html
Appropriate Research: Starting with Section 1-320, the University
Regulation Number 4 establishes the basis upon which the University will agree to
perform research under contract with external sponsors. There are two related sections:
Section 2 which states that the research must lead to new knowledge and Section
5 which states that the right of publication and ownership of the research results
is reserved to the University. Section 1-330 then expands further on the principles
underlying Regulation 4. The important element is that the University does not perform
proprietary research that only advantages the sponsor; while a given sponsor may
fund the research, the research results will be widely disseminated, perhaps to
the advantage of the competitors of the sponsor.
Publication of Results: Section 1-410 is the section on
the publication policy. Given that this policy establishes University-wide standards,
the policy recognizes that in exceptional circumstances the University may authorize
exceptions to the policy. Given the University management of two DOE-funded laboratories
that conduct classified research, one of the listed circumstances that can justify
an exception is: "security considerations in the national interest are involved."
On a practical basis, this is interpreted to mean when classified contracts are
accepted. Most of the campuses, including the Berkeley campus, have adopted local
policies that state that classified work may not be conducted on campus. There are
a number of UC Office of the President statements to this effect, as well.
Ownership and Use of Results: Section 1-420 is a Presidential
statement on ownership of research results, reflecting some problems with the University
being able to publish the results that can occur when a restrictive rights in data
clause is accepted. Section 1-430 is the Academic Senate Resolution on Freedom to
Publish. The State of California has also passed certain resolutions on the University
publication policy and acceptance of restrictions. The text of Assembly Concurrent
Resolution, along with a useful summary of the University's publication policy can
be found on the web at:
http://www.ucop.edu/raohome/cgmemos/let96-05.html.
NSDD 189: Another University statement of policy can be
found in the C&G Memo about the National Policy on Transfer of Scientific, Technical
and Engineering Information and Selected Agency Statements on Publication of Research
Results. Consistent with national policy, the position of the University is that
the appropriate form of restrictions on publication or dissemination of research
is classification. The memo is on the web at:
http://www.ucop.edu/raohome/cgmemos/85-25.html.
Citizenship Restrictions: An important corollary to the
openness of the academic environment and freedom to publish is that controls based
upon citizenship are also unacceptable. Foreign graduate students, post docs, and
visiting scholars are an integral part of the University research environment. Restrictions
based on citizenship status would be administratively impossible to implement as
well as contrary to our policies on open dissemination of research finding. The
Policy on Acceptance of Funds Restricted to US Citizens is at:
http://www.ucop.edu/raohome/cgmemos/90-03.html.